Draft Transport and Works (Guided Transport Modes) (Amendment) Order 2022

Greg Knight Excerpts

Tuesday 22nd November 2022 General Committees

[The Minister of State, Department for Transport (Huw Merriman)]

I beg to move,

That the Committee has considered the draft Transport and Works (Guided Transport Modes) (Amendment) Order 2022.

It is a pleasure to serve under your chairship, Dame Caroline. Orders made under the Transport and Works Act 1992 are the usual way to authorise the construction or operation of local transport schemes, such as railways, tramways or trolley vehicle systems, in England and Wales, as well as transport systems using a mode of guided transport prescribed by order.

The modes that are currently prescribed that can seek authorisation via the Transport and Works Act include road-based and track-based systems, but those are limited to systems guided by physical means, such as cables or tracks. Changes in technology mean that transport systems can now be guided by non-physical means, which might include simple sensor systems that detect paint or other road markings to direct a vehicle, or more complex sensor systems that read the surrounding environment to direct the vehicle. The draft amendment order will extend the Transport and Works (Guided Transport Modes) Order 1992 to allow applications for public transport schemes using non-physical guidance systems to be authorised via a Transport and Works Act order.

The order will not change the process that a promoter is required to follow in seeking authorisation through the Transport and Works Act regime or the way in which such applications are decided. It will simply allow a wider and more modern range of schemes to be considered and authorised under the Transport and Works Act. In other words, should the proposed change be approved, parties impacted by a scheme that will use a form of non-physically guided technology will continue to have the opportunity to submit their views on that scheme. Any views that are submitted will be fully considered before a decision is made on whether to grant consent on a specific scheme.

Let me provide further context and background on what the Transport and Works Act covers. The Act is intended to be a one-stop consenting mechanism for all the powers needed to deliver and operate a transport scheme. An application made under section 1 of the Act can include a wide range of matters set out in schedule 1 to the Act, such as the construction, alteration, repair, maintenance, demolition and removal of railways, tramways, trolley vehicle systems and other transport systems allowed under the Act.

[Sir Greg Knight (East Yorkshire) (Con)]

Can the Minister assure the Committee that there will be a joined-up approach here? For example, I notice that this proposal applies only to England and Wales. What assurances can he give me that, if I decide in a few years’ time to go from the north of England to Scotland in a self-driving car, that car will not stop at the Scottish border because Scotland has introduced a different method?

[Huw Merriman]

My right hon. Friend makes an excellent point. As he rightly mentioned, the order applies to England and Wales. We have sought the approval of the Welsh Administration, who are content with it. Scotland has its own Transport and Works Act mechanism. My right hon. Friend is right that the issue he raises will have to be taken into consideration when one gets to the stage of looking at a joined-up Union system. However, it will be for the Scottish Administration to move matters forward. I will write to the Scottish Executive, and I will go beyond the point that they are content because they have their own mechanism and actually inquire as to how they would see cross-border activity working in practice. I would just make the point that this is an enabling piece of legislation, so every project under it would itself have to be approved, and Scotland would of course need the same enabling mechanism. However, I will write to my right hon. Friend with the assurance he seeks.

Applicants seeking authorisation under the Transport and Works Act can apply to construct, alter, repair, maintain or demolish roads buildings and other structures, as needed to allow for the delivery of a scheme. If the order is approved, such provisions will apply equally to a guided mode of transport system using sensor technology, where applicants are required to deliver such a scheme. That demonstrates that there is currently wide provision to allow an application to incorporate any of the aforementioned matters where they are necessary and appropriate for the delivery of the scheme under consideration. That will not change as a result of the order. The power to make this amending order is set out in section 2 of the Transport and Works Act but is subject to approval by a resolution of each House of Parliament.

The term “guided transport” is defined as

“transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way)”.

The order seeks to cover transport by vehicles guided by non-physical guidance systems. These systems, whether simple sensor systems that detect paint or other road markings, or more complex sensor systems that read the surrounding environment, are external to the vehicle.

To conclude, the order is essential to support innovation in transport and to allow the use of new, more advanced technologies. It had wide support from those who responded to the public consultation on this change. As enabling legislation, it does not impose additional costs on applicants applying for Transport and Works Act orders or on the Government in taking forward and providing consent for such applications. I hope Members will join me in supporting the order, and I commend it to the Committee.